Amd SS18-102, 18-105 & 18-106, add S18-105-a, Gen Ob L; amd S867, add S867-a, Lab L
Requires children under the age of eighteen to wear protective headgear while skiing or snowboarding; imposes civil fines for violations thereof; applies safety in skiing code requirements to snowboarders and snowboarding.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5961
SPONSOR: Kavanagh (MS) TITLE OF BILL: An act to amend the general obligations law and the
labor law, in relation to the duties of skiers and snowboarders
PURPOSE: To amend the general obligations law and the labor law, by
requiring that children under the age of eighteen years wear protective
headgear while skiing and snowboarding.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 18-102 of the general obligations
law by adding a new subdivision 8 defining "snowboarder".
Section 2 of the bill amends subdivisions 13 and 14 of section 18-105 of
the general obligations law to require that any personal injury be
reported to the ski area operator and prohibits the willful removal,
defacement, alteration or otherwise damage to signage, warning devices
or other safety devices; and adds a new subdivision 15 prohibiting
skiers less than eighteen years of age from engaging in downhill skiing
in any area unless he or she is wearing a protective helmet.
Section 3 of the bill adds a new section 18-105-a prohibiting snowboard-
ers less than eighteen years of age from engaging in snowboarding in any
area unless he or she is wearing a protective helmet.
Section 4 of the bill amends the opening paragraph of section 18-106 by
recognizing skiing and snowboarding as hazardous voluntary activities
regardless of all feasible safety measures.
Section 5 of the bill amends paragraph c of subdivision 1 of section
18-106 to require that ski area operators make available at reasonable
fees instruction and education for skiers relative to the risks inherent
in the sport and duties prescribed for skiers and to post notice of the
times and places of such instruction and education.
Paragraph d is amended to require the refund of unused lift tickets in
the form and amount paid in the initial sale if such purchaser is unpre-
pared or unwilling to ski due to the risk inherent in the sport and
duties imposed upon him.
Two new paragraphs e and f are added requiring ski area operators offer
for sale or rental protective headgear that meets the set standards and
prohibit any skier or snowboarder less than eighteen years of age who is
not wearing protective headgear from skiing or snowboarding, and that
the New York State law requiring skiers and snowboarders under eighteen
to wear protective headgear be posted conspicuously.
Section 6 of the bill amends the section heading and subdivision 1 of
section 867 of the labor law by requiring the commissioner promulgate
rules, regulations, and duties to guard against personal injuries to
downhill skiers and snowboarders.
Section 7 of the bill amends the labor law by adding a new section 867-a
authorizing the commissioner to impose a fine on ski area operators who
have knowingly violated paragraphs e or f of subdivision one of section
18-106 of the general obligations law of one hundred collars for the
first violation and two hundred dollars for any violation that occurs
within a year after a prior violation.
Section 8 of the bill sets forth the effective date.
JUSTIFICATION: The Consumer Product Safety Commission (CPSC) esti-
mates that there were 84,000 skiing injuries (including 17,000 head
injuries) treated in U.S. emergency rooms in 2010. The CPSC also esti-
mated that 2,600 of the head injuries that occurred in children could
have been prevented if they had been wearing a helmet. Multiple studies
have found that wearing a helmet can halve the risk of sustaining a head
injury while skiing or snowboarding, and that the safety benefits of
wearing a helmet may be larger for children than for adults. In recogni-
tion of these facts, some ski resorts now require staff and children
receiving lessons to wear a helmet, and New Jersey and California have
passed laws requiring children under the age of 18 to wear helmets. This
bill would help protect children from future accidents that will affect
their quality of life.
LEGISLATIVE HISTORY: 2014: A00260A (Kavanagh) - Rules 2013: A00260A
(Kavanagh) - On the Floor 2012: A04892B (Kavanagh) - Codes 2011: A04892A
(Kavanagh) - Judiciary 2010: A02070 (Benjamin) - Judiciary 2009: A02070
(Benjamin) - Judiciary 2008: A06385A (Benjamin) - Judiciary 2007:
A06385A (Benjamin) - Judiciary 2006: A10734 (Benjamin) - Judiciary
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5961
2015-2016 Regular Sessions
IN ASSEMBLY
March 9, 2015
___________
Introduced by M. of A. KAVANAGH, JAFFEE, WEPRIN, PAULIN -- Multi-Spon-
sored by -- M. of A. ARROYO, CLARK, CORWIN, McDONOUGH, MILLER, SALA-
DINO, SIMOTAS -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law and the labor law, in
relation to the duties of skiers and snowboarders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 18-102 of the general obligations law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. "Snowboarder" means any person wearing a snowboard and actually on
4 a ski slope or a trail located at a ski area, for the purpose of snow-
5 boarding.
6 § 2. Subdivisions 13 and 14 of section 18-105 of the general obli-
7 gations law, as added by chapter 711 of the laws of 1988, are amended
8 and a new subdivision 15 is added to read as follows:
9 13. To report any personal injury to the ski area operator before
10 leaving the ski area; [and]
11 14. Not to willfully remove, deface, alter or otherwise damage
12 signage, warning devices or implements, or other safety devices placed
13 and maintained by the ski area operator pursuant to the requirements of
14 section 18-103 of this article[.]; and
15 15. Not to engage in downhill skiing in any area unless he or she is
16 wearing a protective helmet. The provisions of this subdivision shall
17 apply only to skiers under eighteen years of age.
18 § 3. The general obligations law is amended by adding a new section
19 18-105-a to read as follows:
20 § 18-105-a. Snowboarders; protective helmets. No person under eighteen
21 years of age shall engage in snowboarding in any area unless he or she
22 is wearing a protective helmet.
23 § 4. The opening paragraph of section 18-106 of the general obli-
24 gations law, as added by chapter 711 of the laws of 1988, is amended to
25 read as follows:
26 It is recognized that skiing [is a] and snowboarding are voluntary
27 [activity] activities that may be hazardous regardless of all feasible
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04409-01-5
A. 5961 2
1 safety measures that can be undertaken by ski area operators. According-
2 ly:
3 § 5. Paragraphs c and d of subdivision 1 of section 18-106 of the
4 general obligations law, paragraph c as added by chapter 711 of the laws
5 of 1988 and paragraph d as amended by chapter 322 of the laws of 1989,
6 are amended and two new paragraphs e and f are added to read as follows:
7 c. To make available at reasonable fees, as required by subdivision
8 thirteen of section 18-103 of this article, instruction and education
9 for skiers relative to the risks inherent in the sport and the duties
10 prescribed for skiers by this article, and to conspicuously post notice
11 of the times and places of availability of such instruction and educa-
12 tion in locations where it is likely to be seen by skiers; [and]
13 d. To post notice to skiers of the right to a refund to the purchaser
14 in the form and amount paid in the initial sale of any lift ticket
15 returned to the ski area operator, intact and unused, upon declaration
16 by such purchaser that he or she is unprepared or unwilling to ski due
17 to the risks inherent in the sport or the duties imposed upon him or her
18 by this article[.];
19 e. To offer for sale or rental protective headgear and prohibit any
20 skier or snowboarder under eighteen years of age who is not wearing
21 protective headgear from skiing or snowboarding. Such headgear shall
22 meet the standards of the American National Standards Institute and
23 standards set forth in regulations promulgated by the commissioner of
24 labor in accordance with the provisions of article twenty-six of the
25 labor law; and
26 f. To post notice in bold and conspicuous type at the point or points
27 of transaction the following: "NEW YORK STATE LAW REQUIRES THAT ALL
28 SKIERS AND SNOWBOARDERS UNDER EIGHTEEN YEARS OF AGE WEAR PROTECTIVE
29 HEADGEAR."
30 § 6. The section heading and subdivision 1 of section 867 of the labor
31 law, as amended by chapter 711 of the laws of 1988, are amended to read
32 as follows:
33 Safety [in skiing] on the slopes code. 1. The commissioner, on the
34 advice of the passenger tramway advisory council as created pursuant to
35 section twelve-c of this chapter, shall promulgate rules and regu-
36 lations, consistent with article eighteen of the general obligations
37 law, intended to guard against personal injuries to downhill skiers and
38 snowboarders which will, in view of such intent, define the duties and
39 responsibilities of downhill skiers and snowboarders and the duties and
40 responsibilities of ski area operators. Such duties shall include, but
41 not be limited to, the provision by ski area operators of protective
42 headgear, for purchase or rental, and the requirement that skiers and
43 snowboarders under eighteen years of age wear protective headgear.
44 § 7. The labor law is amended by adding a new section 867-a to read as
45 follows:
46 § 867-a. Penalties. If the commissioner finds that a ski area operator
47 has knowingly violated paragraph e or f of subdivision one of section
48 18-106 of the general obligations law, the commissioner shall impose a
49 fine of up to one hundred dollars for the first such violation or up to
50 two hundred dollars for any violation that occurs within a year after a
51 prior violation.
52 § 8. This act shall take effect on the ninetieth day after it shall
53 have become a law.
